Assistance with Concept for Lifting of SOE Insolvency and Debt Enforcement Moratoria (EBRD-15824)

Countries
  • Ukraine
Geographic location where the impacts of the investment may be experienced.
Financial Institutions
  • European Bank for Reconstruction and Development (EBRD)
International, regional and national development finance institutions. Many of these banks have a public interest mission, such as poverty reduction.
Project Status
Approved
Stage of the project cycle. Stages vary by development bank and can include: pending, approval, implementation, and closed or completed.
Bank Risk Rating
U
Environmental and social categorization assessed by the development bank as a measure of the planned project’s environmental and social impacts. A higher risk rating may require more due diligence to limit or avoid harm to people and the environment. For example, "A" or "B" are risk categories where "A" represents the highest amount of risk. Results will include projects that specifically recorded a rating, all other projects are marked ‘U’ for "Undisclosed."
Borrower
Government of Ukraine
A public entity (government or state-owned) provided with funds or financial support to manage and/or implement a project.
Sectors
  • Law and Government
  • Technical Cooperation
The service or industry focus of the investment. A project can have several sectors.
Investment Type(s)
Grant
The categories of the bank investment: loan, grant, guarantee, technical assistance, advisory services, equity and fund.
Investment Amount (USD)
Not Disclosed
Value listed on project documents at time of disclosure. If necessary, this amount is converted to USD ($) on the date of disclosure. Please review updated project documents for more information.
Primary Source

Original disclosure @ EBRD website

Updated in EWS May 4, 2022

Disclosed by Bank Oct 14, 2021


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Project Description
If provided by the financial institution, the Early Warning System Team writes a short summary describing the purported development objective of the project and project components. Review the complete project documentation for a detailed description.

According to the bank website, the EBRD (Legal Transition and Governance and Political Affairs Teams) is presently providing support to the Ministry of Economy in development and adoption of the cornerstone legislation piece on corporate governance of SOEs (registered in the Parliament as "5593" and formerly known as "6428" ).

SOE insolvency and enforcement moratoria undermine the success of the overall SOE governance reform. Such regulatory exemptions fall in direct contradiction with the principles of level playing field and fair competition in the market place set out in the OECD Guideline III . Moratoria create unfair market advantage to SOEs with negative impacts extending across whole state sector of economy and overall business environment. Accordingly, the project aims to develop a detailed and well researched Concept for lifting the moratoria on enforcement against SOEs for the Government of Ukraine.

The objective of the TC project would be to assist the beneficiary - Ministry of Justice of Ukraine to do the following:

1) Review of moratoria, debt structure and formulating an approach for analysis:* Review of the existing moratoria and mapping of their assumed effects on groups of SOEs and the economy;* Analysis of SOE debt volumes, types and structures associated with specific types of moratoria;* Setting the objectives and principles to guide the process of moratoria review and policy options for lifting ("The Principles and Objectives of the approach to lifting of the moratoria"); * Categorisation of active moratoria based on needed analysis for consideration of policy options and potential timelines for lifting;* Overview of available policy alternatives to SOE enforcement and insolvency moratoria.

Investment Description
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Contact Information
This section aims to support the local communities and local CSO to get to know which stakeholders are involved in a project with their roles and responsibilities. If available, there may be a complaint office for the respective bank which operates independently to receive and determine violations in policy and practice. Independent Accountability Mechanisms receive and respond to complaints. Most Independent Accountability Mechanisms offer two functions for addressing complaints: dispute resolution and compliance review.

ACCESS TO INFORMATION

You can request information by emailing: accessinfo@ebrd.com or by using this electronic form: https://www.ebrd.com/eform/information-request

ACCOUNTABILITY MECHANISM OF EBRD

The Project Complaint Mechanism (PCM) is the independent complaint mechanism and fact-finding body for people who have been or are likely to be adversely affected by an European Bank for Reconstruction and Development (EBRD)-financed project. If you submit a complaint to the PCM, it may assess compliance with EBRD's own policies and procedures to prevent harm to the environment or communities or it may assist you in resolving the problem that led to the complaint through a dialogue with those implementing the project. Additionally, the PCM has the authority to recommend a project be suspended in the event that harm is imminent.

You can contact the PCM at: pcm@ebrd.com or you can submit a complaint online using an online form at: http://www.ebrd.com/eform/pcm/complaint_form?language=en

You can learn more about the PCM and how to file a complaint at: http://www.ebrd.com/work-with-us/project-finance/project-complaint-mechanism.html

How it works

How it works